ILR Eligibility for Tier1 Dependnt who had Work Permit befor

[rashurev]

Hi,

Please advide me about my eligibility for ILR. the facts are like this -

- I came to UK on 4th Oct 2007 on work permit
- I continued working till Jun 2009 and then on Maternity leave
- My son was born in Aug 2009
- In Nov 2009 my husband applied for Tier1 dependent along with me and my son as dependents.
- My husband got Tier1 but my dependent application was rejected. My son also got dependent visa.
- I went to India on 6th Dec 2009 and applied for dependent visa from there which I got valid from 1st Feb 2010
- I travelled to UK on Tier1 Dependent visa on 16th Feb 2010 and still continuing here.
- I will finish 5 years in UK in Oct 2012.

Please let me know if I will be eligible for ILR in Oct 2012 when I will finish 5 years in UK. Can I apply as main applicant and my husband as dependent? Please respond ASAP

Thanks in advance

[geriatrix]

Can I apply as main applicant and my husband as dependent?

How can you apply as a "main applicant" when you aren't one? Or your husband as a dependant when he isn't a dependant either!

Wait until November 2014, the earliest your husband may qualify for settlement.

[rashurev]

Thanks very much,
My another query is regarding my husband's eligibility for ILR. He first came to UK in May 2007 and had to leave on 31st Dec 2008 to India when his work permit expired. He again came in May 2009 (after 4 months of gap) on work permit. Please let us know when he will be eligible for ILR.

[vinny]

A single absence of more that 90 days probably broke his continuous period of residence.

[geriatrix]

As he did not have any leave to enter / remain during those 4 / 5 months, continuous residency was broken.